A relationship breakdown can be an incredibly challenging time, emotionally, mentally, and financially.  While the care and welfare of any children and personal safety, are paramount, when it comes to relationship property where do you start?  What are the key considerations and practical matters you need to be aware of? How do you go about finalising your relationship property affairs?

Yes, contributions to property owned by another can give you an interest in that property but it will depend on why the contribution was made.

Creative workers and copyright holders were in for a shock recently, when the High Court in Alalaakkola v Palmer [2021] NZHC 2330 found that copyright created during a marriage is part of the divisible property pool, and effectively up for grabs.

The decision has the potential to impact on creative workers of all types, most obviously artists.  We break down the case, its potential effects on New Zealand copyright, and what it means for you.

The Law Reform (Testamentary Promises) Act 1949 allows you to claim against the estate of a deceased person if they promised to leave you something under their Will, but they don’t. The promise must be in exchange for services. The “promise” can be express, usually orally or in writing, or implied.  The value can be explicit in dollar terms, but if not, the Court needs to assess the amount that should be awarded.

In response to the need for more houses in New Zealand and as a result of newly introduced legislation which will allow for the faster creation of high-density housing, we are likely to see a greater number of people living in unit title developments. While this will undoubtably change the landscape we are used to living in, it also places a spotlight on how people buy into apartment blocks, get the right information, interact with their fellow unit title owners, make decisions, and live together. 

A spouse, child, grandchild, stepchild or parent of the Will maker can bring a claim if they consider they did not receive enough under the Will.  A Court will determine whether the deceased breached their moral duty by failing to provide proper maintenance and support and, if so, what is required to remedy the breach.

The Incorporated Societies Bill received Royal Assent on 5 April 2022, passing the Bill into law as the Incorporated Societies Act 2022 (“the Act”).  The Act intends to replace the Incorporated Societies Act 1908, modernising the requirements of incorporated societies and providing a clear framework for high quality governance.  There are a number of key elements to be aware of – importantly, over the next few years, current incorporated societies will need to re-register as a society under the Act accompanied by a constitution that is compliant with the new requirements. Incorporated societies should embrace this opportunity to review their constitutions and create a governing framework that is fit for purpose to serve them well into the future.

Many employment agreements contain restraints of trade.  Some restraints may be enforceable, and some completely unreasonable.  This article explores the recent high-profile decision of the Employment Relations Authority in O’Brien v Discovery NZ Limited (owner of TV3) and the general position regarding restraints of trade.

A contract can be enforced against a deceased’s estate.  It is still a valid agreement even if the other party has died, provided they did not need to be alive to perform the contract (for example, an employment agreement).

Trusts in New Zealand are incredibly common, particularly family trusts.  When relationships breakdown the Property (Relationships) Act 1976 has some limited provisions to address dispositions to trusts. However, if you have been married or in a civil union, there is a much more powerful tool that may apply – Section 182 of the Family Proceedings Act 1980.

Following a raft of updates in the employment law space, and the changes to our workplaces due to COVID-19, we encourage employers to ensure their employment agreements are fit for purpose and in line with recent updates. 

The introduction of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill will change the way that New Zealanders develop land, making it easier and faster to create higher-density housing. Our first article in this series provides an overview of these changes and explores how they may impact the development landscape.

The End of Life Choice Act 2019 has been the subject of significant debate. With 65.1% of New Zealander’s voting in support of the Act in the 2020 referendum, it came into force on 6 November 2021. Healthcare providers have many questions around the extent of their rights and obligations – in particular, their ability to refuse to provide end of life services. The issue was taken to the High Court in a recent case. 

On 28 August 2021, the COVID-19 Response (Management Measures) Legislation Bill (“the Bill”) was passed, and the Bill will be rubber stamped into the law shortly. Somewhat surprisingly, the Bill introduces a new “rent reduction in an emergency” clause which will function as the default “rent reduction” clause for leases that do not already have one. This article discusses what the Bill means for landlords and tenants in the commercial space.

When a spouse dies, it can be a challenging time for the one left behind. After the grieving, organising the funeral and saying goodbye, a surviving spouse or partner will normally turn to the will. Few people know the surviving spouse has a choice between taking their entitlement under the will or applying to the court for a division of the relationship property.